Can the Landlord Use My Apartment to Stage Work?

Q. I recently heard rumors from other tenants in my rent-stabilized brownstone on the Upper West Side that the property manager plans to do nonemergency work, mainly painting, to the back of the building outside. The only way to access the space is through my garden apartment. While I’m away at work, I do not want people entering my apartment, soiling my carpets, using my bathroom and rummaging through my refrigerator: Do I have to grant workers access? Am I entitled to a rent abatement?

A. Before you start taking inventory of the contents of your refrigerator, find out if these rumors are true. Ask the property manager what work is planned for the building — and what kind of access to your apartment, if any, would be needed. Once you know what the building wants to do, you’ll have a better sense of how to protect your home, although just because workers need access to your apartment does not mean it will be destroyed.

Most leases include a clause that requires tenants to provide access for repairs that the landlord deems necessary. Painting the exterior of the building would likely fall into this category. “The situation calls for a written agreement that spells out the particulars of the access and protects the tenant’s possessions,” said William J. Gribben, a partner at the Manhattan tenant law firm Himmelstein, McConnell, Gribben, Donoghue & Joseph. Try to obtain an agreement that sets terms you are comfortable with and one that includes a rent abatement. An agreement, for example, could require workers to lay plastic sheeting over your carpets and clean up dust and debris each night.

If you cannot reach a deal, the landlord may bring a breach of lease case against you, arguing that you refused to provide access. After spending money on a lawyer and time in housing court, you’ll probably end up with a written agreement anyway. “These ‘no access’ cases are usually settled with the type of agreement that should have been worked out without the need for litigation,” Mr. Gribben said.

To monitor the work you could install a hidden camera, but things may not go as badly as you think. The people painting the facade have a job to do, and as professionals, would likely respect your space and privacy. If you can, introduce yourself and ask that they keep your home clean. Sometimes, putting a face to an apartment makes a difference.